Findings of Fact - ApprovalCIry OF CHANHASSEN
CARVER AND HENNEPIN COTINTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
(APPROVAL)
N RE:
The application of Gene and Lois Sipprell for the installation of a septic system within the
required bluff setback and impact zone on a property zoned A-2 - Planning Case 2018-17.
On September 18, 2018, the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, met at its regularly scheduled meeting to consider the application. The
Planning Commission conducted a public hearing on the proposed variance preceded by
published and mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
l. The property is currently zoned Agricultural Estate District A-2.
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
The west 152.3 feetof the east 355.85 feet of the north 286.0 feet of the south 572 feet of the
Southeast Quarter of the Southeast Quarter (SE % of SE %) of Section 26, Township 116,
Range 23, Carvet CountY, Minnesota.
4. Variance Findines - Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: The intent of the city's bluff protection ordinance is to ensure that vegetation
and soiis located near and on bluffs are not distributed in a manner that has the potential
to create erosive conditions or otherwise negatively impact the bluff. The city also
requires septic systems to be setback from property lines and road right of ways in order
to minimize the potential for these systems to negatively impact adjacent property owners
or interfere with the installation of utilities or other features commonly found in right of
ways. In this case, there are no adjacent residential properties and the street is a private
on., ,o the there is less concern for waiving the required property line setbacks. By
granting a variance to the property line setbacks, the required bluff setback variance is
minimized and the septic system can be placed further away from the more sensitive
portions of the bluff.
Granting a variance to allow a single-family home with no ability to hook up to
municipal utilities to install a septic system is consistent with the comprehensive plan,
and the proposed variance is in harmony with the intent of the zoning code.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: Due to the existence of bluffs on the property, the dimensions of the property,
the placement of the house, nature of the contours, and characteristics of the soil, the
septic system must be placed in the northeast corner of the property. This placement
requires variances from the bluff setbacks, impact zone, and property line setbacks. City
sewer and water will not be available for the property in the near future and a functioning
septic system is required to have reasonable use of the property.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations.
The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The lot is a non-conforming lot of record that was created before the existing
district standards, bluff protection, and septic system ordinances were created.
The variance, if granted, will not alter the essential character of the locality.
Finding: Many components of the septic systan would be located below grade and would
not be expected to have any visual impact on the neighborhood. The applicant intends to
install landscaping to minimize the visual impact of the above-grade portions of the system.
The surrounding residential properties are also located on large lots and are served by septic
systems.
Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2018-17, dated September I 8,2078, prepared by MacKenzie Walters,
is incorporated herein.
d.
2
RECOMMENDATION
"The Chanhassen Board of Appeals and Adjustments recommends that the City Council
approves the placement of the pump line within the 50-foot bluff setback area and the 20-foot
Uiuff impact ion", u 3 O-foot bluff setback variance for the tanks and a 2O-foot bluff and 9-foot
property line setback variance for the mounds and dispersal area, subject to the conditions of
approval:
1. The applicant must apply for and receive all necessary permits from the relevant
agencies.
Z. Tte applicant shall work with city, county, and watershed staff to maximize the
system's distance from the bluff, minimize its impact on the bluff, and avoid
impacting the existing drainage swale.
3. Thi applicant shall minimize tree loss, and shall, to the greatest extent possible, avoid
removing mature trees within 20 feet of the top of the bluff.
4. A new 7" :20'scale survey showing the final location of the septic and pump tanks,
pump line, mound, and drain field shall be provided as part of the permitting process.
5. th. u."u around the septic system mounds shall be landscaped so as to minimize its
visual impact."
ADOPTED by the Chanhassen Planning Commission this 18th day of September, 2018.
CITY OF CHANHASSEN
Chairman